Obama administration hides use of bad science

by Marita Noon

...As shameful as each of these scandals are, they directly impact only a comparative handful of people. We grieve the loss of life, but unless you are a family member or friend of the four brave men killed in Benghazi or of the dozens of veterans who risked their lives for our country only to die unnecessarily due to bad policy at the VA hospitals, your life goes on without consequence.
    However, there are other cases that haven’t yet reached “scandal” status (and they may never because it is unlikely that anyone will die) where the Administration doesn’t want the public to know the rationale behind the policy that is universally having a negative impact on all Americans. These stories point to the administrations’ use of bad science to achieve its goal of growing government and controlling people through the Endangered Species Act (ESA) and Clean Air Act. Together the practices restrict access to public and private lands for farming, ranching, and energy development, and reduce the availability of affordable electricity—making essential food and power costs ever-increasing.
    In New Mexico, the U.S. Department of Justice and the U.S. Forest Service are preventing cattle ranchers from accessing water to which two different court rulings have declared the ranchers’ have rights. According to a report in the Daily Caller: “New Mexico’s current conflict involves 23 acres along the Aqua Chiquita creek and natural springs, now fenced off for the benefit of the newly protected meadow jumping mouse. Cattle ranchers had naturally relied on access to this water since the area had been open to grazing permittees since 1957.”
    Addressing the specific protections for the mouse, the report points out the “decades of scientific controversy over whether the meadow jumping mouse was a ‘valid subspecies’ or whether it really was vanishing.” It also cites current research from the University of New Mexico with recommendations that would lead to a re-evaluation of the listing.
    The report states: “Yet scrutiny of EPA [Environmental Protection Agency] determinations and analysis of competing findings is foreclosed by sweetheart deals between environmental advocacy groups and the EPA in ‘sue and settle’ schemes.” It continues: “This collaboration between two friendly parties to co-opt the courts into bypassing constitutionally prescribed safeguards and protections denies local governments, harmed parties, and the public in general a seat at the table.”
    While the Daily Caller piece doesn’t specifically reference the Information Quality Act (IQA), enacted by Congress in 2000, it is one of the safeguards and protections required for “influential scientific information” and/or “highly influential scientific assessments”—particularly if such scientific information may be used as the basis for regulatory action. The IQA requires “all federal bureaucrats to ‘prove up’ their claims and data so others in local government and land-use managers could rely on it to make wise and proper management decisions,” explains Dan Byfield, CEO of American Stewards of Liberty.
    In a Ranch Magazine article titled “Verify the science,” Byfield showed how the IQA can be used to prevent environmental organizations from “manipulating our government and federal statutes to their benefit and the detriment of everyone else.” He worked successfully with eight counties in the Permian Basin to stop the U.S. Fish and Wildlife Service from listing the dunes sagebrush lizard as endangered. He states: “We prevented the listing and saved those two million acres by taking a hard look at the science. What we discovered became the ‘smoking gun!’” Byfield continues: “what we found was anything but credible science. …and this is true with almost every proposed listing.”
    Taking the IQA a step further, earlier this year the Institute for Trade Standards and Sustainable Development (ITSSD) filed FOIA requests regarding the science underpinning the EPA’s 2009 greenhouse gas endangerment findings—identifying six greenhouse gasses as posing a risk of endangerment to public health and welfare within the meaning of the Clean Air Act. The requests were filed with the EPA and the U.S. government’s lead climate science agency: the Department of Commerce’s National Oceanic and Atmospheric Administration.
    An ITSSD press release states: “The objective of the FOIA requests has been to secure disclosure of government records substantiating each agency’s compliance with the provisions of the U.S. Information Quality Act.” ITSSD asserts that, based on its research, the required “peer review science process has likely been compromised on conflict of interest, independence/bias, peer review panel balance, and transparency grounds.” Additionally, the ITSSD press release claims that peer review comments regarding scientific uncertainties were ignored.

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